appellant alleging that the appellant has sublet the contract work to one Sri Gururaja Sharanappa Patil and Sri Prahlada Bellary and others and the said ... notice alleges against appellant, violation of Clause 26(a) of the contract, viz., subletting the work of construction of canal to the third parties
contract between the landlord and tenant enabling the tenant to sublet the premises, subletting of the premises by the tenant is unlawful and enables ... provisions contained in the Act, no tenant could sublet without the specific contract with the landlord to enable him to sublet. That being
between the parties hereto arising out of or
in connection with the contract or with regard to
performance of any obligation hereunder by either
party ... Bengaluru, Karnataka State.
Purchaser or Supplier shall not transfer, assign
or sublet this contract or any part of it or any rights
thereof, share obligations
eviction of the main tenants is that there was an unlawful subletting of the premises in favour of the petitioner. If that is held proved ... tenant if the tenancy had continued.
Subject to any contract to the contrary subletting is prohibited under S.23 of the Act. Section 30 binds
where the subletting, assignment or transfer has been made before the coming into operation of this part (except in respect of subletting, assignment or transfer ... pointed out earlier, subletting is barred by the recitals of ,the lease deed dated 18.6.1917. In otherwords, bar to sublet is imposed
tenancy right by a will in the absence of a contract to the contrary.
Further, when the Legislature has restricted the right to inherit ... therein. This prohibition is, however, subject to a contract to the contrary. A tenant who sublets or assigns or transfers the premises in contravention
Subject property as joint tenants. As such, the
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allegation of subletting is unjustified.
5. The respondent has examined himself as
PW1 reiterating the plaint ... that there is no
written contract of lease with the petitioner, and he
admits that the petitioner has not sublet the subject
premises
absence of a contract to the contrary is transferable and the premises may be sublet by him. The decision necessarily points out that the right ... unless that right could be stated to be extinguished under a contract, the heirs will succeed to that right. in the present case
contract form. Clause 26(a) of the document, extracted below, expressly prohibits sub-contract:
"The contract shall not be assigned or sublet ... Such consent to sublet, the work, if given, shall not relieve the contractor from any liability or obligation under the contract and he shall
contract are as follows:
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"1. The Railway Administration is pleased to inform you that
your application is considered for award of contract ... condition
including unsatisfactory service, subletting or any
other improper act on your part. The contract is
ordinarily terminable on one months notice in
writing